ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Table 62
Breach of Contract with Litigative Claim
Case Year State Action PP Litigative Claim
Thrash v .Bd. of
Educ. School Dist.
No. 189
Foster v. Bd. of
Elem. and Sec.
Educ.
Botti v. Southwest
Butler Co. School
Dist.
Chambers v.
Central School
Dist. School Bd.
Kelly v. Bd. of
Educ.
State ex rel. Smith
v. Etheridge
Barr v. Bd. of
Trustees
Sanders v. Delton-
Kellogg Schools
1982 IL R S Thrash claimed that his reassignment following a
sabbatical was a breach of contract.
1985 LA R E Foster that his reassignment for failed leadership
based on insubordination and willful neglect of
duty was meritless because it was not a
recommended action by the superintendent and
395
thus a breach of contract.
1986 PA R SPLIT Botti claimed due process violation and breach of
contract twice being reassigned to teaching
positions without reassignment hearings.
1987 IN T S Chambers claimed that the school board’s
termination of his indefinite teacher contract
(tenure) did not also terminate his definite
administrative contract.
1988 IL R E Kelly and Harvey had been normal school
principals but became itinerant fill-in
administrators for their district. Both alleged due
process violations against the district for not
providing reasons for their initial transfers and
breach of contract for loss in salary.
1992 OH R SPLIT This case was fraught with claims that were
consolidated from numerous cases following a
district realignment. The basis of the argument
was that the district illegally conducted a
reduction in force by reassigning and nonrenewing
over fifty administrators. Smith’s case
stood out from the rest because he argued that his
actual job was not what was recorded on his
“written” contract thereby barring him from
reassignment.
1995 SC T S Barr argued that her reassignment to a principal
position from the district office was a demotion as
well as a constructive discharge and that her final
termination violated her tenured status and
breached her administrative contract.
1996 MI R E Sanders contended that her reassignment was a
non-renewal of her administrative contract and
that she had not been provided with the complete
due process bases on her tenured status and the
grounds of her contract.
(table continues)